Dro/bva Hearing

[Ricky]

I am preparing for my upcoming DRO hearing which I know will be followed by a BVA hearing. This is my opening argument for both. Any ideal or suggestions will be appreciated. Hopefully it will not be to harsh cause it only speaks of the truth and facts:

I am here today to blah, blah, blah...... and to present additional evidence and arguments in support of my appeal.

First I must bring up the fact that the rating decisions and SOC involved in this case are inadaquate. Title 38 US Code, Section ______, 38 CFR, Part _____ Section ______ and M21-R (I am looking for the numbers for these, I know they exist but don't have them on hand), provide in part that decisions issued by the VA must contain a Reason and Basis containing enough information and written in a language that such will allow a normal veteran to understand the reasons for the denial and allow him to properly to prepare an appeal to the denial. This has not been done in this claim. Neither the rating decision nor the SOC contained a properly prepared Reason and Basis. Neither contained any language that would explain to the veteran (me) why the evidence of record prepared by treating generalized and specialized physicans did not support the claimed disabilities; nor did either provide a conclusive or definite reason for the denial. Both contained generalized one sentence denials that was not supported by any evidence to support such an action. Therefore, this appeal has been processed by the veteran without a true knowledge of the reasons for denial and I would ask that as part of this hearing the VA provide me with such information.

The above will be used in both hearings. The following will be used only in the BVA hearing:

You will notice that in the submission of the perfected appeal, I provided several reasons for the appeal of each disability claimed. In my request of actions to be taken by the board you will notice that I asked for a specific rating percentage and that the board ajudicate the claim without remand to the RO. The reason I have requested this specific action to be taken is that any further action requested of the RO for this appeal will simply result in additional wasted time and money for the VA, the veteran and the U.S. taxpayers. The RO has shown by its past actions in this appeal its desire to continue to be apathetic in the processing of this claim. Their actions have spoken loud and clear as to their attitude towards this claim. As an example I provide: As you can see from the written correspondence provided to me by the RO, normal processing time for a NOD at this RO is 14-18 months depending on the complexity of the claim. It is assumed that this means a claim containing 1-4 issues would be processed within the 14 month timeframe and a more complex claim would require additional attention, therefore requiring the additional 4 months to process. As you review my claim you will discover that it contains 10 seperate issues, two of which center around neurological problems that stem from a disease that is not well understood by the medical community. However, the NOD on this claim was received in the mailroom at the RO in late August 2005. The RO issued a SOC denying all claimed disabilities in late January 2006. IT ONLY TOOK 5 MONTHS FROM MAILING TO RECEIPT OF THE SOC. 5 Months to process a 10 issue, medically complex appeal. That is amazing. Blah, Blah, Blah -

I will add more as I go along. I am not trying to be a smart a--- by doing this, I just feel that the board needs to realize that the actions of the RO were defecient and leads the veteran to believe it was due to simple apathy on their pare. Plus it is fact and not just some fiction I made. I still laugh every time I look at the SOC. It is a carbon copy of the rating decision and both do not provide any explanation as to why none of the evidence was considered probative etc........

[Guest fla_viking]

Dear Sixthcents

This is my job on hadit.com to warn veterans of the pitfalls in the VA claims process. Why would you try to limit veterans exposure to both sides of the argument. Let the veterans see the truth and make up there own mnds. The best way to prove me wrong is not to argue I cant say something here on hadit. But prove what I say is in error or not truthful.

As you stated the VA dont keep stats on claims approved or denid at the RO level. That is just dishonest. The VA wanted to charge me $1.500 to tell me that after 3 years of an FOIA request it dont keep those stats.

What veteran wants to subject themselfs to years in a agency that keeps those kind of secrets about what it does to vets. Was found by one of the Cheif judges of CVC to be above the law. Research shows even the VA ajudicators will take the same set of facts and come up with differnt conclusions and ratings. One of the recomendatons made by CVC judge was there should be a judge right in the RO's to enforce laws there.

I belive veterans deserve better than that and must be under due process and rule of law. Everyone here knows that is not happening at the RO level.

I think its a good thing to be open about the RO process. IF I am wrong. Veterans will come back on line and say hey. I did the DRO and got my benifits. Enough of that happens and they prove me wrong. So far I have read allot of heart break.

Sixthcents: I could come on line and say im tired of you suggesting DRO or making arguments agaiinst my advice to go directly to the BVA. I dont do that because I think its very helpful to the veterans to hear both sides of the story and if we both do our jobs the truth will come forth allowing the veteran to decide for themselfs.

The best way to defeat me is not to argue I cant say something. But to prove what I say is in error or not truthful.

Terry Higgins

[Ricky]

Thanks guys - Please lets not argue among ourselves. Terry, with good reason, truly believes that a vet should move a claim away from the RO as quick as possible. Sometimes I agree with him. This maybe one of those times as you can tell from my original post that the DRO has already had a hack on the claim and did a yada yada yada job on it that took only five months from start to finish on an appeal that should have taken at least 18 months to get through it. My request for a DRO hearing was done upon receiving this very lacking SOC that the RO issued. Although I have new evidence to provide on the claim I do not feel that anything will come out of the hearing except for satisfying my own desire to meet these people face to face. Six is also right in stating that the keep it at the RO attitude is a good way to go. I have read so many stories on Hadit and multiple other sites where the DRO at the hearing was willing to help resolve the issues and the claim was approved immediately after the hearing. I think this happens cause most of the senior DRO's are tied up with exteremly complicated cases so the majority of us get the new trainee who really don't know his butt from a hole in the ground. Therefore, you get a piece of sh---- work. Management at the RO simply hacks off on the thing for all they see is a completed claim which adds to their stats with in turn produces that bonus check for them. At the hearing, you are more than likely going to get one of the senior guys and for the time period of the hearing you have his full attention. There no phone calls, demands from the front office for meetings, no stack of hundreds of claims to distract him etc..........Bottom line is that both of you are right, there is a time to and a time not to. We all just have a different opinion as to when that time is. SO I WANT YOU GUYS TO MAKE UP NOW!!!!!!!!!!!!!!!!

As for the comments I will try to answer some of the questions that came up.

-I DO NOT HAVE A SO. DON'T WANT ONE, WON'T GET ONE. Unless I can go to another state and find one willing to travel to Alabama (North Alabama).

-I will without fail focus on the hearing. Although this is a personal desire to see these idiots face to face, I will be professional, cool and claim, and present my case in a logical manner. I will discuss the evidence that I have provided and ask why none of it was used as probative evidence in support of the claim and present my argument as to why I feel that it should be. I will ask to be provided what evidence the VA used to deny the claim and how such evidence out weighed the supporting evidence (no negative evidence was sited in the SOC to support the denial). I will provide new evidence that has been obtained since the issuance of the SOC. I will ask why the new evidence (medical summaries, medical statements, employer statements) I sent in June, August and November 2006 has not be acknowleged by the VA (no SSOC has been issued.)

My Wife and oldest daughter who has lived with us while going to school the past three years will be with me and testify on my behalf. My 14 year old daughter wants to testify but I do not think I will allow her to. I think she feels the anger most during my rants and raves (due to my disabilities). Prior to all this crap happening to me, she and I were a team. You can imagine being the youngest child at home with mom and pop after they have matured and learned all about this child rearing thing on the two oldest test models. Mom and pop are really chilled out now so life at home is really living the life of Wiley (hahahahahhaha). So she feels betrayed by this crap. It has taken her best buddy and turned him into a raving a---hole and she wants them and the world to know about it.

I have one folder for each of the disabilities that are on appeal. The first sheet contains my hearing notes/outline which I will use to keep me and the DRO on track. Each folder contains all evidence I have on that disability. It is numbered, highlighted and tabbed (Berta I learned this from you during my first days on Hadit). I like to keep very good records (comes from my law enforcement duties) so I will ask the DRO if I can tape record the hearing for my records. I know the hearing audio will be transcribed and I can obtain a copy of it but I want my own audio of the hearing.

I have been is courtroom settings, grand jury hearings etc... so I fully understand the need to keep it professional and by all means keep a cool head while providing truthful testimony to support your desired outcome.

I hope others take a look at the post and provide their insight. Eventhough I can pull off the conduct of the hearing, VA law, rules and regulations are a different kind of animal. One that I have not been able to tie down as of yet so my faith is in my Hadit family. I have learned a lot about the VA by being a member of this site. I remember when I first clicked on Hadit during my first search on VA claims. My search terms were "screw the VA" hahahahahahahahhaha. Well after reading several posts on the old site that night I became a member and said to myself, holy cow batman, this VA crap is complicated but these guys seem to know what the hell they are doing. That is the moment that I needed Hadit more than I realized. Thanks guys.

Edited February 12, 2007 by Ricky

[Guest fla_viking]

Dear Fellow Veterans & Friends

Any one who challenges or tests my ideas about VA claims will never have to apoligize for it. I think they do a great service to me and fellow veterans to find the errors or weakness in my position so we can learn and improve our ideas.

Ricky your perspective on the DRO issue is one of the most logical I have herd. For myself I will continue to oppose DRO hearings and invite comments supporting me or opposing. Each veterans deserves the educaton this debate brings to them.

Terry Higgins

[Ricky]

Thanks Terry, I have and I am sure I will continue to learn a lot from the prospective that you provide in your posts. Keep them coming.

[chief 313]

Thanks guys - Please lets not argue among ourselves. Terry, with good reason, truly believes that a vet should move a claim away from the RO as quick as possible. Sometimes I agree with him. This maybe one of those times as you can tell from my original post that the DRO has already had a hack on the claim and did a yada yada yada job on it that took only five months from start to finish on an appeal that should have taken at least 18 months to get through it. My request for a DRO hearing was done upon receiving this very lacking SOC that the RO issued. Although I have new evidence to provide on the claim I do not feel that anything will come out of the hearing except for satisfying my own desire to meet these people face to face. Six is also right in stating that the keep it at the RO attitude is a good way to go. I have read so many stories on Hadit and multiple other sites where the DRO at the hearing was willing to help resolve the issues and the claim was approved immediately after the hearing. I think this happens cause most of the senior DRO's are tied up with exteremly complicated cases so the majority of us get the new trainee who really don't know his butt from a hole in the ground. Therefore, you get a piece of sh---- work. Management at the RO simply hacks off on the thing for all they see is a completed claim which adds to their stats with in turn produces that bonus check for them. At the hearing, you are more than likely going to get one of the senior guys and for the time period of the hearing you have his full attention. There no phone calls, demands from the front office for meetings, no stack of hundreds of claims to distract him etc..........Bottom line is that both of you are right, there is a time to and a time not to. We all just have a different opinion as to when that time is. SO I WANT YOU GUYS TO MAKE UP NOW!!!!!!!!!!!!!!!!

As for the comments I will try to answer some of the questions that came up.

-I DO NOT HAVE A SO. DON'T WANT ONE, WON'T GET ONE. Unless I can go to another state and find one willing to travel to Alabama (North Alabama).

-I will without fail focus on the hearing. Although this is a personal desire to see these idiots face to face, I will be professional, cool and claim, and present my case in a logical manner. I will discuss the evidence that I have provided and ask why none of it was used as probative evidence in support of the claim and present my argument as to why I feel that it should be. I will ask to be provided what evidence the VA used to deny the claim and how such evidence out weighed the supporting evidence (no negative evidence was sited in the SOC to support the denial). I will provide new evidence that has been obtained since the issuance of the SOC. I will ask why the new evidence (medical summaries, medical statements, employer statements) I sent in June, August and November 2006 has not be acknowleged by the VA (no SSOC has been issued.)

My Wife and oldest daughter who has lived with us while going to school the past three years will be with me and testify on my behalf. My 14 year old daughter wants to testify but I do not think I will allow her to. I think she feels the anger most during my rants and raves (due to my disabilities). Prior to all this crap happening to me, she and I were a team. You can imagine being the youngest child at home with mom and pop after they have matured and learned all about this child rearing thing on the two oldest test models. Mom and pop are really chilled out now so life at home is really living the life of Wiley (hahahahahhaha). So she feels betrayed by this crap. It has taken her best buddy and turned him into a raving a---hole and she wants them and the world to know about it.

I have one folder for each of the disabilities that are on appeal. The first sheet contains my hearing notes/outline which I will use to keep me and the DRO on track. Each folder contains all evidence I have on that disability. It is numbered, highlighted and tabbed (Berta I learned this from you during my first days on Hadit). I like to keep very good records (comes from my law enforcement duties) so I will ask the DRO if I can tape record the hearing for my records. I know the hearing audio will be transcribed and I can obtain a copy of it but I want my own audio of the hearing.

I have been is courtroom settings, grand jury hearings etc... so I fully understand the need to keep it professional and by all means keep a cool head while providing truthful testimony to support your desired outcome.

I hope others take a look at the post and provide their insight. Eventhough I can pull off the conduct of the hearing, VA law, rules and regulations are a different kind of animal. One that I have not been able to tie down as of yet so my faith is in my Hadit family. I have learned a lot about the VA by being a member of this site. I remember when I first clicked on Hadit during my first search on VA claims. My search terms were "screw the VA" hahahahahahahahhaha. Well after reading several posts on the old site that night I became a member and said to myself, holy cow batman, this VA crap is complicated but these guys seem to know what the hell they are doing. That is the moment that I needed Hadit more than I realized. Thanks guys.

[chief 313]

my dro hearing was in waco ro 1 month ago, called today to find out status and since i requsted a copy of hearing and c file.its been sitting waiting to be copied. have one open claim for increase and iu. they are just sitting too. waiting to go to rating board. anyone chime in for possible time frame. thanks chief 313. also told they need no more information. vike 17, berta.terry. anyone.